Utah Code > Title 13 > Chapter 11 – Utah Consumer Sales Practices Act
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Terms Used In Utah Code > Title 13 > Chapter 11 - Utah Consumer Sales Practices Act
- Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or (c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103 - Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
- Allegation: something that someone says happened.
- Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Applicant: means a registered owner who submits an application to obtain or renew a sponsored special group license plate in accordance with this part. See Utah Code 41-1a-1601
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Assessment: means an in-depth clinical interview with a licensed mental health therapist:
(ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
- Authorized emergency vehicle: includes :
(a) fire department vehicles; (b) police vehicles; (c) ambulances; and (d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 - Authorized service center: means an entity that:
(a) is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures; (b) the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and (c) conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102 - Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-6a-102
- Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
- Board: means the advisory board created in Section 41-3-106. See Utah Code 41-3-102
- Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
- Bus: means a motor vehicle:
(i) designed for carrying more than 15 passengers and used for the transportation of persons; or (ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102 - Charitable purpose: means :
(i) relief of the poor, the distressed, or the underprivileged; (ii) advancement of religion; (iii) advancement of education or science; (iv) erecting or maintaining a public building, monument, or work; (v) reducing the burdens of government; (vi) reducing neighborhood tensions; (vii) eliminating prejudice and discrimination; (viii) defending human rights and civil rights secured by law; or (ix) combating community deterioration and juvenile delinquency. See Utah Code 41-1a-1601 - Charitable solicitation: means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. See Utah Code 13-11-3
- Charter school: means :
(i) an operating charter school; (ii) a charter school applicant that a charter school authorizer approves in accordance with 3; or (iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 10-9a-103 - City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Collegiate special group license plate: means a sponsored special group license plate issued to a contributor to an institution. See Utah Code 41-1a-1601
- Commission: means the State Tax Commission. See Utah Code 41-3-102
- Commission: means the State Tax Commission. See Utah Code 41-1a-102
- Commission: means the Judicial Conduct Commission established by Utah Constitution Article VIII, Section 13 and this chapter. See Utah Code 78A-11-102
- Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: includes :
(i) a written complaint against a judge; or (ii) an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a judge is in violation of any provision of Utah Constitution Article VIII, Section 13. See Utah Code 78A-11-102 - Consignee: means a dealer who accepts vehicles for sale under an agreement that the dealer will pay the consignor for any sold vehicle and will return any unsold vehicles. See Utah Code 41-3-802
- Consignor: means a person who places a vehicle with a consignee for consignment sale. See Utah Code 41-3-802
- Consumer transaction: includes :
(i) any of the following with respect to a transfer or disposition described in Subsection (2)(a): (A) an offer; (B) a solicitation; (C) an agreement; or (D) performance of an agreement; or (ii) a charitable solicitation. See Utah Code 13-11-3 - Contiguous: means :
(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104 - Contract: A legal written agreement that becomes binding when signed.
- Contributor: means an applicant who contributes the required contribution to a sponsoring organization for a sponsored special group license plate. See Utah Code 41-1a-1601
- Controlled-access highway: means a highway, street, or roadway:
(a) designed primarily for through traffic; and (b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102 - Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any conviction arising from a separate episode of driving for a violation of:
(i) driving under the influence under Section 41-6a-502; (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or (B) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501 - Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County executive: means :Utah Code 68-3-12.5
- Crosswalk: means :
(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from: (i) (A) the curbs; or (B) in the absence of curbs, from the edges of the traversable roadway; and (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102 - Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
- Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Devise: To gift property by will.
- Direct-sale manufacturer: means a person:
(a) that is both a manufacturer and a dealer; (b) that is: (i) an electric vehicle manufacturer; or (ii) a low-volume manufacturer; (c) that is not a franchise holder; (d) that is domiciled in the United States; and (e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102 - Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102
- Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 10-9a-103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
- Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102
- Distributor representative: means a person and each officer and employee of the person engaged as a representative of a distributor or distributor branch of motor vehicles to make or promote the sale of the distributor or the distributor branch's motor vehicles, or for supervising or contacting dealers or prospective dealers of the distributor or the distributor branch. See Utah Code 41-3-102
- Divided highway: means a highway divided into two or more roadways by:
(a) an unpaved intervening space; (b) a physical barrier; or (c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102 - Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
- Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
- Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501
- drugs: means :
(i) a controlled substance as defined in Section 58-37-2; (ii) a drug as defined in Section 58-17b-102; or (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501 - Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
- Electric assisted bicycle: means a bicycle with an electric motor that:
(a) has a power output of not more than 750 watts; (b) has fully operable pedals on permanently affixed cranks; (c) is fully operable as a bicycle without the use of the electric motor; and (d) is one of the following: (i) an electric assisted bicycle equipped with a motor or electronics that: (A) provides assistance only when the rider is pedaling; and (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; (ii) an electric assisted bicycle equipped with a motor or electronics that: (A) may be used exclusively to propel the bicycle; and (B) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or (iii) an electric assisted bicycle equipped with a motor or electronics that: (A) provides assistance only when the rider is pedaling; (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and (C) is equipped with a speedometer. See Utah Code 41-6a-102 - Electric personal assistive mobility device: means a self-balancing device with:
(i) two nontandem wheels in contact with the ground; (ii) a system capable of steering and stopping the unit under typical operating conditions; (iii) an electric propulsion system with average power of one horsepower or 750 watts; (iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102 - Electric vehicle manufacturer: means a person that, in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line-make that are:
(a) exclusively propelled through the use of electricity, a hydrogen fuel cell, or another non-fossil fuel source; (b) (i) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or (ii) trucks with a gross vehicle weight rating of 14,000 pounds or less; and (c) manufactured by the person. See Utah Code 41-3-102 - Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Enforcing authority: means the Division of Consumer Protection. See Utah Code 13-11-3
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Event data: means records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder:
(i) whether the vehicle's air bag deployed; (ii) vehicle speed; (iii) vehicle steering performance; (iv) vehicle brake performance or use; or (v) vehicle seatbelt status or use. See Utah Code 41-1a-1502 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Existing special group license plate: means a special group license plate that the division issues before January 1, 2024. See Utah Code 41-1a-1601
- Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102
- Factory representative: means a person and each officer and employee of the person engaged as a representative of a manufacturer of motor vehicles or by a factory branch to make or promote the sale of the manufacturer's or factory branch's motor vehicles, or for supervising or contacting the dealers or prospective dealers of the manufacturer or the factory branch. See Utah Code 41-3-102
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 13-11-3
- Fleet transaction: means a licensee's sale of one or more motor vehicles to a manufacturer-approved current fleet customer under the manufacturer's fleet program. See Utah Code 41-3-102 v2
- Flood plain: means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103 - Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
- Franchise holder: means a manufacturer who:
(i) previously had a franchised dealer in the United States; (ii) currently has a franchised dealer in the United States; (iii) is a successor to another manufacturer who previously had or currently has a franchised dealer in the United States; (iv) is a material owner of another manufacturer who previously had or currently has a franchised dealer in the United States; (v) is under legal or common ownership, or practical control, with another manufacturer who previously had or currently has a franchised dealer in the United States; or (vi) is in a partnership, joint venture, or similar arrangement for production of a commonly owned line-make with another manufacturer who previously had or currently has a franchised dealer in the United States. See Utah Code 41-3-102 - Fraud: Intentional deception resulting in injury to another.
- Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
- Geologic hazard: means :
(a) a surface fault rupture; (b) shallow groundwater; (c) liquefaction; (d) a landslide; (e) a debris flow; (f) unstable soil; (g) a rock fall; or (h) any other geologic condition that presents a risk: (i) to life; (ii) of substantial loss of real property; or (iii) of substantial damage to real property. See Utah Code 10-9a-103 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Hi-rail vehicle: means a roadway maintenance vehicle that is:
(a) manufactured to meet Federal Motor Vehicle Safety Standards; and (b) equipped with retractable flanged wheels that allow the vehicle to travel on a highway or railroad tracks. See Utah Code 41-6a-102 - Highway: includes :Utah Code 68-3-12.5
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
- Identical plans: means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans"; (b) are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality; and (c) describe a building that: (i) is located on land zoned the same as the land on which the building described in the previously approved plans is located; (ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans; (iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and (iv) does not require any additional engineering or analysis. See Utah Code 10-9a-103 - Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
- Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(a) recording a subdivision plat; or (b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103 - Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and workmanship; and (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103 - Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
(a) is required for human occupation; and (b) an applicant must install: (i) in accordance with published installation and inspection specifications for public improvements; and (ii) whether the improvement is public or private, as a condition of: (A) recording a subdivision plat; (B) obtaining a building permit; or (C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103 - Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Institution: means :
(a) a state institution of higher education as defined in Section 53B-3-102; or (b) a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education. See Utah Code 41-1a-1601 - Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
- Investigation: means an inquiry into an allegation of misconduct, including a search for and examination of evidence concerning the allegations, which begins upon the receipt of a complaint and is completed when either the complaint is dismissed by a majority vote of the commission or when an order is sent to the Supreme Court for its review in accordance with Utah Constitution Article VIII, Section 13. See Utah Code 78A-11-102
- Island: means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:
(a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area; (b) channelizing devices; (c) curbs; (d) pavement edges; or (e) other devices. See Utah Code 41-6a-102 - Judge: includes the chief justice of the Supreme Court, a justice of the Supreme Court, an appellate court judge, a district court judge, an active senior judge, a juvenile court judge, a justice court judge, an active senior justice court judge, and a judge pro tempore of any court of this state. See Utah Code 78A-11-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
- Land use authority: means :
(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103 - Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(a) a land use permit; or (b) a land use application. See Utah Code 10-9a-103 - Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
- Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legislative body: means the municipal council. See Utah Code 10-9a-103
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
- Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local highway authority: means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state. See Utah Code 41-6a-102
- Local historic district or area: means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and (b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103 - Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
- Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
(i) whether or not the lots are located in the same subdivision; and (ii) with the consent of the owners of record. See Utah Code 10-9a-103 - Low-speed vehicle: means a four wheeled electric motor vehicle that:
(i) is designed to be operated at speeds of not more than 25 miles per hour; and (ii) has a capacity of not more than six passengers, including a conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102. See Utah Code 41-6a-102 - Low-volume manufacturer: means a manufacturer who:
(a) in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line make that are: (i) (A) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or (B) trucks with a gross vehicle weight rating of 14,000 pounds or less; and (ii) manufactured by the person; and (b) constructs no more than 325 new motor vehicles in any 12-month period. See Utah Code 41-3-102 - Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102
- Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
- Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
- Material owner: means a person who possesses, directly or indirectly, the power to direct, or cause the direction of, the management, policies, or activities of another person:
(a) through ownership of voting securities; (b) by contract or credit arrangement; or (c) in another way not described in Subsections (25)(a) and (b). See Utah Code 41-3-102 - Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
- Mobile home: means :
(a) a trailer or semitrailer that is: (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping place either permanently or temporarily; and (ii) equipped for use as a conveyance on streets and highways; or (b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used permanently or temporarily for: (i) the advertising, sale, display, or promotion of merchandise or services; or (ii) any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Utah Code 41-6a-102 - Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Moped: means a motor-driven cycle having:
(i) pedals to permit propulsion by human power; and (ii) a motor that: (A) produces not more than two brake horsepower; and (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102 - Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Motor assisted scooter: means a self-propelled device with:
(i) at least two wheels in contact with the ground; (ii) a braking system capable of stopping the unit under typical operating conditions; (iii) an electric motor not exceeding 2,000 watts; (iv) either: (A) handlebars and a deck design for a person to stand while operating the device; or (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device; (v) a design for the ability to be propelled by human power alone; and (vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102 - Motor vehicle: means a vehicle that is:
(i) self-propelled; (ii) a trailer; (iii) a travel trailer; (iv) a semitrailer; (v) an off-highway vehicle; or (vi) a small trailer. See Utah Code 41-3-102 - motor vehicle: includes :
(A) an off-highway vehicle as defined under Section 41-22-2; and (B) a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501 - Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
- Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
- Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
(i) an engine with less than 150 cubic centimeters displacement; or (ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102 - Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
- Motorcycle: means :
(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or (b) an autocycle. See Utah Code 41-6a-102 - Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipal utility easement: means an easement that:
(a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use; (b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27; (c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; (d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement; (e) (i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and (ii) is located in a utility easement granted for public use; or (f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103 - Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b) a town, as classified in Section 10-2-301; or (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 - Negligence: means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. See Utah Code 41-6a-501
- New motor vehicle: means a motor vehicle that:
(a) has never been titled or registered; and (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 41-3-102 - Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
- Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-3-102
- Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102
- Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
- Operator: means :
(a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102 - Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means :
(i) a person having all the incidents of ownership of a motor vehicle, including legal title to the motor vehicle; (ii) a person entitled to possession of a motor vehicle as the purchaser under a security agreement; or (iii) a person entitled to possession of a motor vehicle as a lessee under a written lease agreement if the lease agreement is intended to last for more than three months at its inception. See Utah Code 41-1a-1502 - Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
- Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
- Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
(i) none of the property identified in the agreement is a lot; or (ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 10-9a-103 - parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Pawnbroker: means a person whose business is to lend money on security of personal property deposited with him. See Utah Code 41-3-102
- Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Pedestrian: means a person traveling:
(a) on foot; or (b) in a wheelchair. See Utah Code 41-6a-102 - Pedestrian traffic-control signal: means a traffic-control signal used to regulate pedestrians. See Utah Code 41-6a-102
- Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. See Utah Code 13-11-3
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
- Person: means :Utah Code 68-3-12.5
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan for moderate income housing: means a written document adopted by a municipality's legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the municipality; (b) an estimate of the need for moderate income housing in the municipality for the next five years; (c) a survey of total residential land use; (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and (e) a description of the municipality's program to encourage an adequate supply of moderate income housing. See Utah Code 10-9a-103 - Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Pole trailer: means a vehicle without motive power:
(a) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and (b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102 - Potential geologic hazard area: means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 10-9a-103 - Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Principal place of business: means a site or location in this state:
(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them; (ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and (iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See